Gye v. Ashcroft

*Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
September 10, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-61069
Summary Calendar
ESSA GYE,
Petitioner,
versus
JOHN ASHCROFT, U.S. ATTORNEY GENERAL,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A76-301-663
Before JOLLY, HIGGINBOTHAM, and PICKERING, Circuit Judges.
PER CURIAM:*
Essa Gye, a native and citizen of Gambia, petitions for review
of an order from the Board of Immigration Appeals (“BIA”) affirming
the immigration judge’s (“IJ”) decision finding Gye removable for
falsely claiming United States citizenship. Gye argues that there
is no evidence in the record to show that he claimed to be a United
States citizen, as opposed to a United States national, when he
checked the “citizen or national” box on the Employment Eligibility

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1See Lopez De Jesus v. INS, 312 F.3d 155, 158-59 (5th Cir.
2002); Carbajal-Gonzalez v. INS, 78 F.3d 194, 197 (5th Cir. 1996).
2
Verification (I-9) form. However, Gye has not shown that the
evidence compels a conclusion contrary to that of the IJ.1
Accordingly, Gye’s petition for review in DENIED.

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